Legal Question in Immigration Law in California

h1b working visa

I am on student visa and a company wants to sponser my H 1B and they want to put me on something called a ''bench'' where they would pay me a little for food and home and will look for a project.After they get a project they will pay me the hourly billing rate.Does living on H 1B while I don't have a project makes me out of status.


Asked on 2/11/03, 4:04 pm

2 Answers from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: h1b working visa

The company is obligated to pay you the entire H-1B prevailing wage rate even when you're being "benched" and don't have a project. They can't just pay you "food and home" unless that's equivalent to the prevailing wage, which I seriously doubt! When a company petitions and signs H-1B papers for you, they're obligated under the law to pay you the stated wages for the entire time period of the H-1B validity. You could accept the offer and not be out-of-status if the H-1B is approved by the INS, but there will probably be problems down the line since you have a right to bring a legal action against the company for failure to pay you wages.

Liem Doan, Esq.

Read more
Answered on 2/11/03, 4:57 pm
Myron Morales Lee Lane Smith LLP

Re: h1b working visa

Dear Sir or Madam:

Benching is not permitted. If you work under these conditions, then you will be deemed to not be complying with the terms of the work authorized status.

If you need more information, please feel free to contact me.

Sincerely,

Myron R. Morales

Law Offices of Myron R. Morales

743 E. Broadway #425

Louisville, Kentucky 40202-1711

(502) 468-6404

[email protected]

Read more
Answered on 2/12/03, 4:26 pm


Related Questions & Answers

More Immigration Law questions and answers in California